No. 30339: R380-100. Americans with Disabilities Act Grievance Procedures

DAR File No.: 30339
Filed: 08/20/2007, 04:47
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is promulgated under authority of Section 26-1-17 which authorizes the Utah Department of Health (UDOH) to prescribe rules necessary for the administration of the UDOH. 28 CFR 35.107 requires UDOH, as a public entity that employs more than 50 persons, to adopt and publish grievance procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act of 1990. Subsection 63-46a-3(2) requires that the adoption and application of that grievance procedure be done by rule.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary for UDOH to remain in compliance with 28 CFR 35.107 which requires the UDOH, as a public entity that employs more than 50 persons, to adopt and publish grievance procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act of 1990 and 28 CFR Part 35. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Administration
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Lyle Odendahl at the above address, by phone at 801-538-6878, by FAX at 801-538-6306, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director